The abolition of the negative administrative decision in the Yemeni legal system"

Abstract

This research aims to explain what negative administrative decisions are, their characteristics and conditions for their presence in the Yemeni legal system. The importance of the issue lies in that this type of administrative decisions is still being imposed in Yemen due to the absence of the legal organization and the lack of judicial rulings as a result of the absence of the independent and specialized administrative judiciary system as It is in the dual judiciary countries, as is the case in the Egyptian and French regime.

The research was based on the descriptive and comparative approach with the aim of benefiting from the comparative legal systems, foremost of which is the Egyptian and French regime by standing on the latest and most important jurisprudence and judicial jurisprudence that dealt with the negative administrative decision, and explaining the position of the Yemeni judiciary on this type of administrative decisions.

The results concluded that the negative administrative decision is generated in the event of the administration's silence or its silence on the issuance of an administrative decision that must be issued under the laws and regulations. The research concluded that the most important defects of the negative administrative decision often appear in the shops of the store and the reason, and one of the most important recommendations is the call of the Yemeni legislator to include an explicit text in the Civil Procedure Law decides that the administration's failure to issue an administrative decision is obligated to issue it is considered in the provision of administrative decisions, to enhance the clarity of the concept of the negative administrative decision And its controls, in order to activate the monitoring of its elimination, and withdraw the rug from the administrative authorities to control the requests and interests of individuals.